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14 December 2012Book page
AusHRC 44: Mr Toro-Martinez v Commonwealth of Australia (Department of Immigration and Citizenship)
Dear Attorney I attach my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Toro-Martinez. I have found that the acts and practices of the Commonwealth breached Mr Toro-Martinez’s right not to be subject to arbitrary detention and his right to protection of and freedom from arbitrary interference with… -
Legal14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding… -
Legal14 December 2012Webpage
Commission submissions: Al Masri
1. The Human Rights and Equal Opportunity Commission (the "Commission") files these written submissions pursuant to the orders entered 24 September 2002. The Commission makes no submissions on the respondent's motion of 18 September 2002. On the assumption that the appeal is competent, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) … -
14 December 2012Book page
HREOC Report No. 20
10.1 Whether there was an act or practice in terms of the HREOC Act 10.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 10.3 Whether the distinction, exclusion or preference nullified or impaired equality of opportunity or treatment in employment or occupation 10.4 Whether the distinction, exclusion or preference was based on the inherent requirements of… -
14 December 2012Book page
Native Title Report 2007: Chapter 11
While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development. -
14 December 2012Book page
Native Title Report 2006: Chapter 1: Indigenous Perspectives on Land and Land Use
If a group’s traditional country is not in a mining area they escape the injury to country that mining represents but have little opportunity to really develop industry and commerce that could support their communities.1 -
Legal14 December 2012Webpage
Commission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
14 December 2012Book page
AusHRC 48: Mr CG v State of New South Wales
Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr CG of discrimination in employment on the basis of criminal record by the Rail Corporation New South Wales. -
22 July 2013Book page
Chapter 7: ADFA’s Structure and Staffing (Recommendations 11-15)
Key findings of Review The Review found that: The high turnover of Commandants and military staff has had a significant negative impact on ADFA’s leadership stability, continuity and organisational memory. The COMDT has limited influence over which staff are posted to ADFA and has limited engagement with ADF Service Chiefs. ADFA is not considered a prestigious posting for staff. This has an… -
29 January 2013Book page
Appendix E – 2011 ADFA Unacceptable Behaviour Survey Results
The following tables present survey results from the 2011 Unacceptable Behaviour Survey that are relevant to the Review. A total of 599 cadets completed the survey, however, the below figures do not always total 599 (or 100% for proportional items). This is due to incomplete responses, instances where respondents skipped questions, and rounding. The tables and figures cited below are taken… -
14 December 2012Book page
Indigenous Deaths in Custody: Arrest, Imprisonment and Most Serious Offence
Chapter 2. Indigenous Deaths in Custody Chapter 3. Comparison: Indigenous and non-Indigenous Deaths in Custody Chapter 4. Arrest and Imprisonment Rates and Most Serious Offence -
14 December 2012Book page
Social Justice Report 2000: Chapter 5: Reparations
The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the… -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (NTA) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship… -
14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently… -
14 December 2012Book page
National Inquiry on Employment and Disability Interim Report: chapter 4
No person can achieve a smooth transition and successful entry into the open workforce unless they are 'job ready', and this is especially the case for people with disability. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 2 - The Age Discrimination Act
The ADA commenced operation on 23 June 2004. At the date of publication there have been a limited number of cases in which the ADA has been considered[1] and there has not yet been a successful claim of unlawful age discrimination. This chapter therefore focuses on the background to the legislation and its significant features as well as highlighting some similarities and differences with other… -
14 December 2012Book page
Appendices: African Australians - Compendium (2010)
A task of this magnitude and complexity can only be successfully accomplished by the invaluable contributions of people with a wide array of expertise and skills. -
14 December 2012Book page
Living Spirit - Muslim Women's Project 2006: Report
The project was officially supported by the Federation of Ethnic Communities’ Council of Australia, the Equal Opportunity Commission Victoria, the Ethnic Communities’ Council of Victoria, the Islamic Council of Victoria, the Islamic Girls’ and Women's Group, the Centre for Multicultural Youth Issues, the Victorian Immigrant and Refugee Women’s Coalition and Goulburn Ovens Institute of TAFE. The… -
14 December 2012Book page
5 Focused age assessment interviews
Focused age assessment interviews can be a useful technique for assessing age. Interviews of this kind have been used in Australia in a range of different ways since late 2010. -
Legal14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
1.1 Wide-ranging amendments to the structure and functions of the Human Rights and Equal Opportunity Commission ("the Commission") are proposed by the Australian Human Rights Commission Legislation Bill 2003 (Cth) ("AHRC Bill").